PHILADELPHIA – A Philadelphia special education teacher has lost her case which argued she was discriminated against due to her race and disability, and suffered professional retaliation for seeking assistance for that same disability.
A Nov. 13 ruling by the U.S. District Court for the Eastern District of Pennsylvania dismisses Ines Zohni’s case against her former employer, the School District of Philadelphia, and her former supervisor and principal, Shauneille Taylor.
The defendants filed a motion for summary judgment on Feb. 7 and though Zohni was later directed to file a response, she did not.
“Zohni claims that, as a result of the alleged discrimination and retaliation discussed, Taylor violated 42 U.S.C. Section 1981. Defendants respond that this claim is also barred by the statute of limitations. The Court agrees with defendants. Section 1981 claims are also governed by a four-year statute of limitations,” Judge Jan E. DuBois said.
“Zohni knew of the injury upon which her Section 1981 claim was based no later than June 2, 2014. Therefore, because Zohni did not file her complaint until Dec. 31, 2018, more than six months after the statute of limitations expired, her Section 1981 claim is time-barred.”
DuBois said the same of Zohni’s claim under 42 U.S.C. Section 1983.
“The undisputed evidence establishes that Zohni knew of the injury upon which her Section 1983 claim was based no later than June 2, 2014. Thus, the statute of limitations expired on June 2, 2018. Because Zohni did not file her complaint until Dec. 31, 2018, her Section 1983 claim is time-barred,” DuBois said.
Zohni was hired by the School District in 2008 and worked as a special education teacher at Richard R. Wright Elementary School. Zohni’s supervisor, Shauneille Taylor, became the principal of Wright on July 1, 2012.
Zohni’s employment was terminated in 2014 on Taylor’s recommendation for unauthorized absences following Wright’s 2013-2014 winter break, the fourth time such absences took place. Disregarding school district policy, there is no evidence that Zohni ever requested prior approval for her absences.
This eventually led to her being suspended without pay on June 2, 2014 and her dismissal on Aug. 20, 2015.
On Dec. 31, 2018, Zohni brought the complaint in this action in which she claims defendants discriminated against her based on her race (Middle Eastern), national origin (Egyptian) and disability, and retaliated against her for “requesting, and receiving, reasonable accommodation for absences caused by her illness or disability.”
That disability consisted of “major depression, anxiety, and other ailments.”
“Under her Pennsylvania Human Relations Act claim, Zohni alleges she was discriminated against based on her race and national origin. Defendants respond that the record does not support Zohni’s claim. The Court agrees with defendants,” Jones stated.
“The fact that the School District took no disciplinary action against Zohni in response to her unauthorized absences in 2008–2011 supports the School District’s argument that its decision to terminate her for unauthorized absences in 2014 was not pre-textual.”
U.S. District Court for the Eastern District of Pennsylvania case 2:18-cv-05644
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com